Alimony/Spousal Support

January 15th, 2026

Court of Appeals reverses award of alimony to underemployed wife of a frugal marriage

The January 14, 2025 Court of Appeals opinion in Scherba v. Scherba, reversed the family court’s award of permanent periodic alimony to Wife, finding her underemployment and the frugal lifestyle the parties had during the marriage meant she did not need alimony.  It also rejected Husband’s argument that his nonmarital restricted stock units (RSUs) should […]

Alimony/Spousal Support

August 3rd, 2024

Supreme Court holds agreements to make alimony non modifiable does not deprive family court of subject matter jurisdiction

The July 31, 2024, Supreme Court opinion in Rish v. Rish, 443 S.C. 220, 904 S.E.2d 862 (2024), reverses a Court of Appeals decision in Rish v. Rish, 435 S.C. 681, 868 S.E.2d 719, (Ct. App. 2021), that the family court lacks subject matter jurisdiction to modify “nonmodifiable” alimony. Rish presents a lengthy litigation history. The Rishes […]

Alimony/Spousal Support

July 24th, 2024

Court of Appeals reverses equitable distribution award on nonmarital retirement accounts but affirms $2,700 per month alimony for spouse with imputed annual income of $80,000

The June 20, 2024 Court of Appeals opinion in Carter v. Carter, 443 S.C. 585, 905 S.E.2d 405 (2024), corrects an obvious family court error but fails to correct what I would think are additional inequities. The Carter appeal stems from a divorce action. At trial, the family court awarded Wife $40,000 from Husband’s nonmarital […]

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